News

November 2022

Portsmouth Council to start additional licensing scheme for smaller HMO properties - will use a tiered licence fee and longer licence term to support good landlords

After carrying out a 3 month public consultation which received over 1000 responses, Portsmouth Council is to bring in additional licensing of smaller private rented sector HMO (houses in multiple occupation) properties with the scheme set to start on 1st September 2023.

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"Just because you have a licence doesn't mean your property is safe" says lettings industry expert in a critique of roll out of additional licensing schemes

The manner in which increasing numbers of local authorities are rolling out additional licensing schemes covering smaller HMO (Houses in Multiple Occupation) properties in the private rented sector has been questioned by Theresa Wallace, Chair of the Lettings Industry Council, in an article in the Daily Telegraph [paywall].

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Lambeth Council wins appeal case against private landlord of unlicensed HMO - landlord ordered to pay £4000 in extra council legal costs and face prison if he did not pay the fine and costs

Lambeth Council officers inspected a private rented sector house in the Streatham area of the borough and found that between July 2019 and January 2020 it had been occupied, as an illegal bedsit, by more than 5 tenants. The total amount of rent per month that the landlord received was £4,240.

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Michael Gove strips social housing provider of funding but provides £14 million of private rented sector "new approaches" funding for some councils to improve housing standards enforcement

Michael Gove MP has announced that 3 councils have received a share of £14 million to roll out projects aimed at finding new approaches to improving housing standards in the private rented sector (PRS) and to target better housing enforcement action.

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Coventry Council formally cautions landlord who posted tenant's details and rent arrears on social media platform in an act of harassment

The private rented sector landlord had used Facebook to publicise his tenant's rent arrears to her friends and family. He also included personal details such as her address and place of employment in the post - which he subsequently deleted. However the tenant complained to the council's Housing Enforcement team.

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Harry Ulaeto

Top housing enforcement cases of 2022 - the level of some fines imposed recently in the private rented sector tells a story and begs a question

Housing standards, and the capacity of local authorities to enforce them, are rightly, but for all the wrong reasons, in the headlines at the moment. With this in mind, it’s instructive to look at what local authorities can achieve, in the private rented sector, via prosecutions and their attendant penalties. So, here are the top 5 housing enforcement cases of 2022.

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Michael Gove writes to all Council leaders and chief executives following death of 2 year old Awaab Ishak - they must provide housing hazards enforcement data for both their social and private rented sectors by end of November

Michael Gove MP, Secretary of State at the Department for Levelling Up, Housing and Communities (DLUHC), has written to the leaders and chief executives of all local authorities in England with a "Direction" under section 3(3) of the Housing Act 2004.

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Boston Borough Council to consider private rented sector selective licensing proposal to help improve housing standards in the sector

Boston Council's Environment and Performance Committee is to consider a proposal to bring in PRS selective licensing at a meeting scheduled for tomorrow (22nd November 2022). The licensing proposal is put forward via a review report from the council's Safer Communities team.

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Merton Council starts public consultation on selective licensing, additional licensing and an article 4 direction on HMO planning permission in the borough

The London borough of Merton's council has opened a public consultation on plans to bring in private rented sector property licensing across 7 its wards. Although the council already requires, under mandatory HMO licensing rules, it is now proposing to start using selective licensing covering single household rented properties, to bring in additional licensing to cover smaller HMO properties and also to require any conversion of a property into an HMO, of whatever size, to first be granted planning permission from the council

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Wandsworth Council looking into the feasibility of bringing both selective and additional licensing schemes

The private rented sector in the London borough of Wandsworth is now estimated to constitute up to a third of all housing stock in the area with the council saying that the "standards of delivery within the private rented sector vary widely" and that whilst most landlords are responsible "there exists a rogue landlord element that deliver substandard ... and sometimes dangerous dwellings".

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Ahead of Chancellor's autumn statement tomorrow the Local Govt Association Chairman says vital council services "face an existential crisis"

Following on from a joint letter to the Prime Minister from the leaders of Kent and Hampshire county councils warning that both councils would be likely to be considering section 114 notices "within the next year or so", the Local Government Association (LGA) has also issued a dire warning about the additional cost pressures impacting on local authority service provision.

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Private Members' Bill on local authority regulation and licensing of private rented sector supported housing set for 2nd reading in Parliament as Govt provides £20 million funding to councils

A Private Members' Bill, sponsored by Bob Blackman MP, to regulate private rented sector provision of supported housing to vulnerable tenants is to have its second reading in the House of Commons this week (18th November).

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Haringey Council selective licensing scheme with Government approval comes into force on 17th November

Haringey Council's new large selective licensing scheme will go live on 17th November meaning that, after that date, any private rented sector landlord operating rental properties in the borough without having applied for or been granted a licence (per property) to so operate will be operating illegally.

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Harry Ulaeto

Why do private rented sector landlords go to tradespeople for advice and information on landlord obligations before local authorities?

Two just published documents could, perhaps, point to a way that local authorities could better persuade private rented sector (PRS) landlords that there are benefits to selective licensing schemes.

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Redbridge Council in London opens public consultation on the renewal and expansion of selective licensing in the borough

The public consultation opened on November 1st and closes on 31st January with the aim "to ensure that all rented properties are safe and well managed [and] ...... to better understand how and where [the council] can make a difference".

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Tenant who attempted to sell landlord's house for £400,000 jailed for two and a half years

Two weeks after he moved in to the rental property in Cambridge the tenant had created a "fake estate agent" in order to list the property for sale on-line and had fitted the property out with rented show home furniture.

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Letting agent industry body Propertymark responds to decent homes standard consultation - says will be difficult to enforce without additional resourcing for local authorities

Propertymark has published its response to the public consultation on the new decent homes standard (DHS) for the private rented sector and calls for a focus on prevention via provision to landlords of advice/information and support rather than prosecution when it comes to enforcement of the standard.

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"Pass-through Regulations" brought in to ensure tenants with bills included tenancies, such as many of those in HMO properties, receive Govt energy bills support via their landlord

In September we reported that the Government was to make it a legal obligation for landlords using "bills included" tenancies to pass on the cost of living crisis £400 energy bills rebate to their tenants. Currently, over half a million private rented sector tenants (equivalent to 13% of PRS tenants) are on such tenancies.

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Magistrates order Waltham Forest private landlord to pay £293,000 or face two and a half year prison sentence for planning breaches brought to light by his property licence applications

The Judge at Thames Magistrates Court said the private rented sector landlord's offending "undermines the entire system of planning control" when ordering him to pay a £251,582 confiscation order, Waltham Forest Council's legal costs of £29,725 and a fine of £12,000 (reduced from £16,000 in recognition of the landlord's pleading guilty).

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Harry Ulaeto

Selective licensing ‘enforcement’ is about achieving compliance with standards rather than punishing either good or bad landlords

The “Outsourcing” behemoth Serco has an interesting “calling all landlords” message on its webpage. The company states that it is looking for “landlords, investors and agents” with rental properties available (in the North West, Midlands and the East of England) in all category types - HMO, single family, care homes, residential and former student accommodation.

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Local Government Association says "licensing schemes are a good tool for tackling area specific issues concerning poor quality accommodation" in the private rented sector

The LGA has inputted to current parliamentary debates on the Government's Rental Reform White Paper by submitting its views in a series of key messages.

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Brent Council begins 12 week public consultation on new selective licensing scheme

Brent Council in London has opened a public consultation on plans to designate a new, phased, selective licensing scheme covering the private rented sector across 21 wards in the borough.

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Wolverhampton landlord prosecuted for 2nd time after failing to comply with repeated council advice to apply for an HMO licence for his property

On 1st June 2022 we reported on a housing standards prosecution taken by City of Wolverhampton Council against a landlord who had put his tenants "at serious risk" to their health and safety due to numerous breaches of housing management regulations. On that occasion the landlord had to pay £4,808 in fines, costs and surcharges.

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Freehold owners of privately rented flats in Dagenham fined £22,000 for leaving leaseholders and tenants living in "squalid and unsafe conditions"

Proposed Company Limited bought the maisonette flats in 1993 but had refused to carry out repairs that had been reported to them. Officers from Barking & Dagenham council's private sector housing team made several visits to the flats and ordered the freehold landlord to carry out repairs within a set period but were ignored.

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